Page:United States Statutes at Large Volume 122.djvu/4302

 12 2 STA T .4 2 79PUBLIC LA W 11 0– 40 3—O CT. 13 , 200 8Intel le c t ua l Prop ert yRigh t sC oor d ination Center esta b- lished at the D epart m ent o fH omeland S ecurity and (4) any actions or efforts that the Comptroller G eneral recommends be ta k en by or on behalf of the Intellectual Prop- erty E nforcement Coordinator and the A ttorney General to reduce duplication of efforts and increase the efficiency and consistency w ith which F ederal funds and resources are e x pended to enforce , in v estigate, or prosecute intellectual prop- erty crimes .SEC.503 .SE N SE OF CON GR ESS. It is the sense of Congress that — ( 1 ) the U nited States intellectual property industries have created millions of high-skill, high-paying United States j obs and pay billions of dollars in annual United States tax revenues; ( 2 ) the United States intellectual property industries con- tinue to represent a major source of creativity and innovation, business start-ups, skilled job creation, exports, economic growth, and competitiveness; ( 3 ) counterfeiting and infringement results in billions of dollars in lost revenue for United States companies each year and even greater losses to the United States economy in terms of reduced job growth, exports, and competitiveness; (4) the growing number of willful violations of existing Federal criminal laws involving counterfeiting and infringement by actors in the United States and, increasingly, by foreign- based individuals and entities is a serious threat to the long- term vitality of the United States economy and the future competitiveness of United States industry; ( 5 ) terrorists and organi z ed crime utilize piracy, counter- feiting, and infringement to fund some of their activities; ( 6 ) effective criminal enforcement of the intellectual prop- erty laws against violations in all categories of works should be among the highest priorities of the Attorney General; ( 7 ) with respect to all crimes related to the theft of intellec- tual property, the Attorney General shall give priority to cases with a nexus to terrorism and organized crime; and ( 8 ) with respect to criminal counterfeiting and infringement of computer software, including those by foreign-owned or for- eign-controlled entities, the Attorney General should give pri- ority to cases— (A) involving the willful theft of intellectual property for purposes of commercial advantage or private financial gain; ( B ) where the theft of intellectual property is central to the sustainability and viability of the commercial activity of the enterprise (or subsidiary) involved in the violation; (C) where the counterfeited or infringing goods or serv- ices enables the enterprise to unfairly compete against the legitimate rights holder; or

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